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Counter Affidavit - Rape

1) Jayfox Cruz Manyilod denies the rape allegation filed against him by Marites D. Cera. He claims that he and Cera engaged in a consensual relationship since 2018 and were together celebrating Christmas Eve at Cera's family home on December 24, 2021 without any sexual activity occurring. 2) Manyilod argues the elements of rape are not met as there was no carnal knowledge between himself and Cera on the date in question and Cera's allegation of force and violence cannot be sufficiently proven without evidence. 3) Manyilod requests the case against him be dismissed as the alleged acts do not constitute a violation of the Revised Penal Code regarding rape.

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Marilou Agustin
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2K views5 pages

Counter Affidavit - Rape

1) Jayfox Cruz Manyilod denies the rape allegation filed against him by Marites D. Cera. He claims that he and Cera engaged in a consensual relationship since 2018 and were together celebrating Christmas Eve at Cera's family home on December 24, 2021 without any sexual activity occurring. 2) Manyilod argues the elements of rape are not met as there was no carnal knowledge between himself and Cera on the date in question and Cera's allegation of force and violence cannot be sufficiently proven without evidence. 3) Manyilod requests the case against him be dismissed as the alleged acts do not constitute a violation of the Revised Penal Code regarding rape.

Uploaded by

Marilou Agustin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Services
OFFICE OF THE PROVINCIAL PROSECUTOR
Tarlac Court Building, Romulo Boulevard,
Tarlac City

MARITES D. CERA
Plaintiff

- versus- NPS Docket No.________________


For:Violation of RPC Art. 266-A (1) a

JAYFOX MANYILOD
Defendant,
x-------------------------------------------x

COUNTER-AFFIDAVIT

I, JAYFOX CRUZ MANYILOD, of legal age, Filipino citizen, and


a resident of No. 123 Pinagpala Street, Barangay Maliwalo,
Tarlac City, after having been duly sworn in accordance with
law, hereby depose and state that:
1. I am the Respondent in the above-captioned case. For
purposes of this proceeding, may I be served affidavits,
pleadings, resolutions and orders emanating from the
Honorable Office through the undersigned address at No.
123 Pinagpala Street, Barangay Maliwalo, Tarlac City;
2. I hereby refute and vehemently deny the allegations in the
criminal charge against me for violation of Article 266-A
(1) a of the Revised Penal Code (RPC);
STATEMENT OF FACTS
3. Plaintiff Maritess D. Cera and I engaged into a romantic
relationship1 since January 3, 2018;
4. Our relationship is with the consent of the family of the
Plaintiff;
5. There were several instances, when Plaintiff’s parents
Crisanto D. Cera and Lilia D. Cera would invite me over to
their house;

1 A copy of the photos of Plaintiff and Defendants together are hereto attached as ANNEX “1.”
6. At 7:24 am of December 24, 2021, Jesusa D. Cera sent me
a private message2 via Facebook Messenger, inviting me
over to celebrate Christmas Eve with them at their house,
to which I agreed;
7. At 9:00 pm of December 24, 2020, I was already in the De
Cera’s house, and helped in the preparation for the Noche
Buena;
8. At 2:07 am of December 25, 2020, I already bid goodbye
to Plaintiff and her parents, and came home at around
2:30 am of the same day;
9. Between 2:30 am to 3:30 am of December 25, 2020, my
friends Marilou Agustin and Michaela Domingo3 came to
our house, and brought food;
10. At around 3:30 am of December 25, 2020, Plaintiff
sent me a private chat and told me to come back to their
house;
11. I told the Plaintiff that I cannot go back, because I
have visitors;
12. When Plaintiff learned that my visitors are Marilou
Agustin and Michaela Domingo, she became very angry
and demanded to make them leave, otherwise, she will
break up with me;
13. I did not heed to Plaintiff demand; hence, we broke
up at about 10:00 am of December 25, 2020;
14. Since December 25, 2020, I did not communicate
with the Plaintiff, despite her attempt to communicate with
me in person;
15. On January 8, 2021, I met Plaintiff’s friend Suzanne
Cruz, who told me that Plaintiff is suffering from
depression;

16. On January 28, 2021, I was surprised to learn of the


Complaint for Rape filed by herein Plaintiff against me;
DEFENSES

17. That I learned that under Section 2 of Republic Act


8353, the crime of rape is committed as follows:

Article 266-A. Rape: When and How Committed. - Rape


is committed:
1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a) Through force, threat, or intimidation;

2 A copy of Lilia D. Cera’s message sent to Defendant, inviting him over to celebrate Noche Buena at their
house is hereto attached as ANNEX “2.”
3 Joint Affidavit of Marilou Agustin and Michaela Domingo is hereto attached as ANNEX “3.”
b) When the offended party is deprived of reason or otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of
authority; and
d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present.
2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person. X X X

18. That I learned that in the case of People vs.


Buenaflor, August 15, 2018, G.R. No. 210435, the
Supreme Court lays down the following elements of rape,
to wit:

Essentially, to sustain a conviction for rape through


sexual intercourse, the prosecution must prove the following
elements beyond reasonable doubt, namely, (i) that the
accused had carnal knowledge of the victim; and (ii) that
said act was accomplished (a) through the use of force or
intimidation, or (b) when the victim is deprived of reason
or otherwise unconscious, or (c) by means of fraudulent
machination or grave abuse of authority, or (d) when the
victim is under 12 years of age or is demented. X X X

19. Plaintiff and I had been lovers since 2018, and we


have been engaged in an intimate relationship since then,
hence, having carnal knowledge though the force or
intimidation is not possible, as Plaintiff consented to
having sex with me during those times;

20. However, despite having engaged in intimate


relationship, Plaintiff and I did not engage in any sexual
activity on December 25, 2020 as we intended to celebrate
Noche Buena with her family, hence, the element of carnal
knowledge is missing;

21. That Plaintiff’s bare allegation of employing violence


and force by pointing knife, without concrete evidence
cannot sufficiently establish that I committed rape against
Plaintiff;

22. In the present case, the acts complained does not fall
under any of the categories as embodied under the laws
for which they are being indicted.
WHEREFORE, it is respectfully prayed that after due notice and
hearing, the instant case filed against respondent be dismissed
on the ground that alleged act does not constitute a violation of
Article 266-A of the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this


_____day of ______________________ 2021 at Tarlac City,
Philippines.

JAYFOX CRUZ MANYILOD


Affiant

COPY FURNISHED:

MARITESS D. CERA
No. 51 Pinagpala st., Barangay Maniwalo, Tarlac City

OATH and CERTIFICATION


SUBSCRIBED AND SWORN to before me this ___ day of,
2021 at Tarlac City.

I hereby CERTIFY that I have personally examined the


affiants whose identities I have ascertained through their
______________________________ and ________________________
which were issued on ____________ at ______, and I am satisfied
that they voluntarily executed, signed and understood the
contents of their Counter Affidavit.

_________________________________________
Officer Authorized to Administer Oath

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